Towne v. Towne

BOLIN, Judge.

The predominant issue in this case is whether prescription bars plaintiff’s suit for damages and the annulment of two judgments of possession where his claims are based on the provisions of an olographic will which was allegedly concealed from him and not presented for probate within five years of the opening of the succession of the deceased author. The trial court sustained the plea of prescription and we affirm.

Ezra B. Towne, Sr., and his sister, Miss Louise Towne, owned a small plantation in indivisión. In 1946 Miss Towne made an olographic will bequeathing all her property…